Changes from plenary report to adopted text

Added(ii) the type/material of gear;

RemovedRegulation (EU) 2022/2343

Added(iii) the quantity of gear;

RemovedArticle 6 – paragraph 1 – point 20, Article 54 – paragraph 1 – point k: (k) changes to reporting obligations and notifications for drifting FADs in Article 8c.

Added(iv) the time when the gear was lost, abandoned or otherwise discarded;

RemovedRegulation (EU) 2023/2053

Added(v) the position (longitude/latitude) where the gear was lost, abandoned or otherwise discarded;

RemovedArticle 7 – paragraph 1 – point 1, Article 30 – paragraph 6: 6. In the event of force majeure preventing the planned joint fishing operation from taking place, the deadlines set out in paragraph 5 shall not apply as regards the information on the farms of destination. In such cases, the Member State concerned is allowed to transfer the unused quotas of vessels participating in a joint fishing operation to its vessels or vessels of other Member States participating in another joint fishing operation, provided that such transfer is necessary due to force majeure. Member States shall notify the Commission of such transfers as soon as possible, together with a description of the events constituting force majeure. This information shall be transmitted to the Commission prior to the start of the joint fishing operation involving the vessels receiving the unused quota. The Commission shall forward that information to the ICCAT Secretariat.

Added(vi) measures taken by the vessel to retrieve the gear; and

RemovedRegulation (EU) 2023/2053

Added(vii) if known, the circumstances that led to the gear being lost, abandoned, or otherwise discarded for safety reasons;

RemovedArticle 7 – paragraph 1 – point 2 – point a, Article 34 – paragraph 3: 3. By way of derogation from paragraph 1, Member States where bluefin tuna is landed may set a shorter period for the prior notification referred to in paragraph 1, taking into account the type of fishery products and the distance between the fishing grounds and the port or landing site, and provided that such a shorter period of prior notification does not impair the ability of that Member State to carry out inspections. Member States may apply that derogation only to vessels referred to in Article 26 that catch less than 3 specimens of bluefin tuna or less than one tonne. Where catches are taken between the time of the prior notification and arrival at port, the estimated quantities of bluefin tuna retained on board may be modified at any time prior to arrival.

Added(f) when abandoned, lost or otherwise discarded fishing gear not linked to that vessel is retrieved, the ▌ flag Member State is notified within 48 hours of the following:

RemovedThis paragraph already refers to Article 34 paragraph 1 that covers the conditions of Article 26. Therefore, the amendment removes the repetition of the conditionality.

Added(i) the name, IMO number and call sign of the vessel that has retrieved the gear;

RemovedRegulation (EU) 2023/2053

Added(ii) the name, IMO number and call sign of the vessel that lost, abandoned or otherwise discarded the gear (if known);

RemovedArticle 7 – paragraph 1 – point 2 – point b, Article 34 – paragraph 7: 7. Where bluefin tuna is landed in Member States or CPC ports, or Member States or CPC landing facilities, other than the ports or landing facilities of the notified Member State, masters of Union catching vessels, whatever the length overall of the vessel, shall submit, within 48 hours after the completion of the landing, a landing declaration to the Member State or CPC where the bluefin tuna is landed which shall contain the information required in Article 17, paragraph 2, points (a), (b) and (c) of Regulation (EC) No 1224/2009 and the quantities and weight of the blue fin tuna landed.

Added(iii) the type of gear retrieved;

RemovedRegulation (EU) 2023/2053

Added(iv) the quantity of gear retrieved;

RemovedArticle 7 – paragraph 1 – point 7, Article 49 – paragraph 2a: 2a. In the event of persistent turbidity conditions in the farm area, the competent authority of the farm Member State may authorise the control caging to take place outside the farm, in an adjacent area where there is sufficient visibility. The farm Member State shall document the measurement of the turbidity according to standard methods.

Added(v) the time when the gear was retrieved;

RemovedRegulation (EU) 2023/2053

Added(vi) the position (longitude/latitude) where the gear was retrieved and, if possible, photographs of the gear retrieved.

RemovedArticle 7 – paragraph 1 – point 9, Article 56b – paragraph 1a: 1a. The competent authority of the farm Member State may allow a margin of error of up to 5 % between the number of bluefin tuna individuals resulting from the intra-farm transfer and the number of individuals expected to be present in the cage. When the difference is larger than 5 %, the competent authority of the farm Member State shall order the release of the corresponding number of bluefin tuna individuals. The release operation shall be conducted in accordance with Annex XII. Compensation for differences between different cages in the farm shall not be allowed.

Added2. Member States shall promptly transmit the information received under ▌ paragraph 1, points (e) and (f), to the Commission, or the body designated by it. The Commission, or the body designated by it, shall forward that information promptly to the SPRFMO Secretariat.’;

RemovedRegulation (EU) 2023/2053

Added(22) Article 40 is replaced by the following:

RemovedArticle 7 – paragraph 1 – point 9 a (new), Article 56c – paragraph 1 a (new): (9a) In Article 56c, the following paragraph is inserted: / 1a. The competent authority of the farm Member State may allow a margin of error of up to 5 % between the number of bluefin tuna individuals resulting from the carry-over assessment and the number of individuals expected to be present in the cage. When the difference is larger than 5 %, the competent authority of the farm Member State shall order the release of the corresponding number of bluefin tuna individuals. The release operation shall be conducted in accordance with Annex XII. Compensation for differences between different cages in the farm shall not be allowed.

Added‘Article 40 Alleged infringements of SPRFMO conservation and management measures reported by a Contracting Party, fishing entity or CNCP

RemovedRegulation (EU) 2023/2053

Added1. Member States shall designate a point of contact for the purpose of receiving inspection reports from other Member States, Contracting Parties, fishing entities and CNCPs.

RemovedArticle 7 – paragraph 1 – point 9 a (new), Article 65: (9a) Article 65 is replaced by the following: / ‘Article 65 / Confidentiality and data protection / 1. Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009. / 2. The collection, transfer, storage or other processing of any data pursuant to this Regulation shall be in accordance with Regulations (EU) 2016/679* and (EU) 2018/1725** of the European Parliament and of the Council. / 3. Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If personal data are retained for a longer period, the data shall be anonymised. / *Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). / **Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the fre…

Added2. Member States shall transmit any changes to the designated point of contact to the Commission at least 20 days before the changes take effect. The Commission shall forward that information to the SPRFMO Secretariat at least 14 days before such changes take effect.

RemovedRegulation (EU) 2018/975

Added3. In the case of port inspections, if the point of contact designated by a Member State receives an inspection report from another Member State, a Contracting Party, fishing entity or CNCP providing evidence that a fishing vessel flying the flag of that Member State has committed an infringement of this Regulation or the SPRFMO CMMs, the flag Member State shall promptly investigate the alleged infringement and notify the Commission, or the body designated by it, of the status of the investigation, and of any enforcement action that has been taken, to enable the Commission, or the body designated by it, to inform the SPRFMO Secretariat within three months of receipt of the notification. If the Member State cannot provide the Commission, or the body designated by it, with a status report within three months of the receipt of the inspection report, it shall notify the Commission, or the body designated by it, within the three-month period of the reasons for the delay and of the date by which the status report will be submitted. The Commission, or the body designated by it, shall transmit the information regarding the status or delay of the investigation to the SPRFMO Secretariat.

RemovedAnnex I – paragraph 1 – point 2 – point 3, Annex X – Section B.2 – point p: (p) Estimated quantity of all species (FAO species code) discarded, split by species, in live weight (to the nearest kg), including all benthic taxa

Added4. In the case of high seas boarding and inspection, if the point of contact designated by a Member State receives an inspection report from another Member State, a Contracting Party, fishing entity or CNCP providing evidence that a fishing vessel flying the flag of that Member State has committed an infringement of this Regulation or the SPRFMO CMMs, the flag Member State shall report to the Commission, or the body designated by it, on action it has taken in response to the alleged infringement, including any proceedings instituted and sanctions applied, at least 110 days in advance of the annual meeting of the SPRFMO Commission. The Commission, or the body designated by it, shall forward that information to the SPRFMO Secretariat at least 90 days in advance of the annual meeting.’;

RemovedRegulation (EU) 2018/975

Added(23) in Article 41, the following paragraph is added:

RemovedAnnex I – paragraph 1 – point 2 – point 5, Annex X – Section C.2 – point l: (l) Estimated quantity of all species (FAO species code) discarded, split by species, in live weight (to the nearest kg), including all benthic taxa

Added‘4. Not later than 110 days before the annual meeting of the SPRFMO Commission, Member States whose vessels fish in the SPRFMO Convention Area shall report to the Commission on the methods used to prevent tampering with the satellite-tracking device by fishing vessels flying their flag. The Commission shall forward that information to the SPRFMO Secretariat at least 90 days in advance of the annual meeting.’;

RemovedRegulation (EU) 2018/975

Added(24) Article 42 is replaced by the following:

RemovedAnnex I – paragraph 1 – point 2 – point 7, Annex X – Section D.2 – point m: (m) Estimated quantity of all species (FAO species code) discarded, split by species, in live weight (to the nearest kg), including all benthic taxa

Added‘Article 42 Confidentiality and data protection

RemovedRegulation (EU) 2018/975

Added1. Data collected and exchanged in the framework of this Regulation shall be treated in accordance with the applicable rules on data protection and on confidentiality pursuant to Articles 112 and 113 of Regulation (EC) No 1224/2009, unless provided otherwise in this Article.

Removeda) Mid-water Trawl Management Area coordinates

Added2. Personal data collected under this Regulation shall be processed for the purposes of implementation and enforcement of the management, conservation and control measures laid down by this Regulation, including any enquiries pertaining to complaints and infringements and judicial or administrative procedures relating to thereto.

Removedb) Bottom Line Management Area coordinates

Added3. Personal data processed under this Regulation shall not be stored for a period longer than 10 years, except if those personal data are necessary to enable the follow-up of an infringement, an inspection, or judicial or administrative procedures. In those cases, the personal data may be stored for a maximum of 20 years. If the information is retained for a longer period, the personal data shall be anonymised.’;

Removeda) Bottom Trawl Management Area coordinates

Added(25) Article 43 is amended as follows:

Removedb) Mid-water Trawl Management Area coordinates

Added(a) points (b) and (c) are replaced by the following:

Removedc) Bottom Line Management Area coordinates

Added‘(b) the time limits laid down in Article 7(1), (1b), (1c) and (2), Article 11, Article 12(2) and (5), Article 16(1) and (3), Article 17(1) and (2), Article 21(1) and (2), Article 22(1) to (4), Article 23(6), Article 24(1) to (3), Article 25(5) and (6), Article 26(1), Article 27(2), (3) and (3a), Article 28(2), Article 28a(1) and (2), Article 28b(1) ▌ , Article 28u(1), Article 29(1) and (2), Article 30(2), Article 31(1) and (1a), Article 34(5) and (6), Article 35(2) and (3), Article 35b(4), Article 35e(1) and (2), Article 36, Article 37(1), Article 39(2), Article 40(2), (3) and (4), and Article 41(1), (2) and (4);

RemovedRegulation (EU) 2019/833